§ 5-4-103 - Sentencing -- Role of jury and court. - Arkansas Statutes

5-4-103. Sentencing -- Role of jury and court.

(a) If a defendant is charged with a felony and is found guilty of an offense by a jury, the jury shall fix punishment in a separate proceeding as authorized by this chapter.

(b) Except as provided by 5-4-601 -- 5-4-605, 5-4-607, and 5-4-608, the court shall fix punishment as authorized by this chapter in any case in which:

(1) The defendant pleads guilty to an offense;

(2) The defendant's guilt is tried by the court;

(3) The jury fails to agree on punishment;

(4) The prosecution and the defense agree that the court may fix punishment; or

(5) A jury sentence is found by the trial court or an appellate court to be in excess of the punishment authorized by law.